Seattle Personal Injury Lawyer - Maritime Accidents

Injury Aboard Cruise Lines--Falling Overboard Less Likely than Slip and Fall

Michael Myers — Wed, 28 Nov 2007 21:11:29 GMT

A recent press release offered the following warning about Holland America and the other major cruise lines:

This Christmas break, unsuspecting college students and their parents may discover dangers on some cruise lines including serious injury and death. Newspapers, television and the Internet are reporting a number of injuries and deaths on cruise ships including disappearances and overboard falls.

While these are certainly (unacceptable) risks associated with cruising, the likelhood of falling overboard or being attacked by a cruise member is signfiicantly overshadowed by the risk of falling while walking around the vessel.

Cruise lines like Holland America like to point to the fact that thousands of passengers have safely traversed, e.g., the movie theater stairs. However, the fact that thousands have passengers have managed to avoid injury does not mean the theater stairs--or other features on the vessel--are safe.

For more information on this subject, please review our section on Airline, Cruise, Bus, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Michael Myers

Alaska Crab Fishermen Back in the News

Michael Myers — Mon, 19 Nov 2007 09:23:15 GMT

This summer we tried a case against the Wizard (one of the vessels shown on Disney's "Deadliest Catch" television series). Captain Keith Colburn was one of the witnesses in the case.

The case arose from a career ending shoulder injury suffered by a crew member when he slipped and fell down the engine room stairs. We prevailed in court and established that the Wizard was negligent and responsible for the fisherman's damages.

During the case we relied extensively on material from the "Deadliest Catch" and the Wizard's own website. In preparation for the case we watched every episode of the "Deadliest Catch."

One of the skippers who caught our interest was Captain Sig Hansen. Our interest was piqued again when we read about Captain Sig's involvement with Global Fishing and his decision to endorse crab imported from Russia.

Global Fishing, the largest U.S. importer of Russian king crab, reportedly contacted three of the Alaskan skippers portrayed on the "Deadliest Catch" about promoting Russian crab. Two of the skippers rejected the offer, the third, Sig Hansen, agreed to the offer.

Hansen, in a telephone interview, said that he hoped the endorsement would help all crab products by invigorating sales and driving up prices. The crab is currently being sold at some Wal-Mart stores.

However, several of those who were also approached by Global Fishing have strong opinions as to why they rejected thier offer.

Jonathan Hillstrand, owner of the F/V Time Bandit of Homer, said he received numerous phone calls in the summer from Global, trying to persuade him to promote the Russian product.
"I turned them down. This is a fishery that has operated like the complete Wild West with blatant (conservation) violations," Hillstrand said.
Phil Harris, owner of the F/V Cornelia Marie of Kodiak also turned down the Global Fishing marketing pitch.
"This whole thing stinks to high heaven," said Harris. "We are madly trying to get consumers to buy American seafood."

While strange and counter-intuitive on the surface, Hansen's decision to promote Russian crab may suggest a willingness to put financial gain over loyalty to the fleet. This same kind of theme frequently plays out when profits are more important to vessel owners than safety.

Originally posted at InjuryBoard by Michael Myers

Asking for Cruise Vouchers May Undermine Your Case

Michael Myers — Fri, 12 Oct 2007 12:40:29 GMT

Stop. Don't do it. I know it may be tempting, but if you have been injured while aboard a cruise don't write to the cruise line asking for free cruise vouchers. And don't accept vouchers for discounted or free cruises, drinks, photographs or souvenirs that cruise ships will sometimes offer you up-front as compensation for your injuries. Accepting these vouchers may waive your right to file suit later. And even if it doesn't preclude your claims it will definitely undermine them (and trivialize the seriousness of your injuries).

While asking for or accepting vouchers may be appropriate if you were simply disappointed with the service during your cruise, or if you had an item stolen by a crew member, don't ask for vouchers when you were injured as a result of the line's negligence. If you do, you'll regret it later--Holland America, for one, will make a request for vouchers one of the focal points in its defense of your personal injury case.

For more information on this subject, please refer to Airline, Cruise, Bus, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Michael Myers

207 Cruise Ship Incidents Reported to FBI in Last 6 Months

Michael Myers — Mon, 01 Oct 2007 08:00:17 GMT

In April cruise lines adopted a new method of reporting crimes that happen at sea in an effort to establish a more definitive and standardized picture of crimes that happen at sea.

Since April, cruise lines have reported 207 incidents to the FBI. Of those, 72 were considered to be potentially serious crimes by the FBI. 18 investigations were opened, 13 of those for rape.

Cruise lines like Holland America have long tried to sidestep their responsibility for crew-member misconduct by asserting that it falls outside the scope of employment. Over the years the courts have recognized that crewmembers are within the scope of their employment for the entire cruise and this defense - that often works for traditional shore-side employers - is inapplicable in the context of a cruise.

For more information on this subject, please refer to our section on Airline, Cruise, Bus and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Michael Myers

Drinking Contributes to Boat Collision on Lake Washington

Chelsea Gilbert — Wed, 12 Sep 2007 10:55:08 GMT

On Monday night a powerboat collided with a sailboat, one boat 44 feet, the other 38, on Lake Washington near the 520 bridge. Four people, including the driver of one of the boats, were treated at a hospital for minor injuries.

According to the Seattle Police Harbor Patrol the driver of the powerboat is to blame for the water collision as he had reportedly been drinking. The driver of the powerboat refused a Breathalyzer test on the scene of the accident. However, empty liquor bottles were found abroad the powerboat and the boat was impounded at a marina.

2 Die When Fishing Boat Capsizes

Chelsea Gilbert — Mon, 10 Sep 2007 12:03:37 GMT

On Sunday a Seattle fishing vessel, The Papa George, sank 12 miles off the Washington coast. Two of the vessels' crew members, David Starbuck, 62, and Ethel Zelaya, 37, died when the vessel capsized. Traveling in the skiff, the surviving crew came ashore at Long Beach at approximately 6:30 p.m. on Sunday, bringing the bodies of the two victims along with them. None of the survivors required hospitalization.

The fishing vessel was carrying a load of 40 to 60 tons of sardines at the time it sank. The crew continually pumped water in and out of the boat in order to keep the fish fresh. However, the boat's pump was unable to keep up and the boat began filling up with water, causing it to list and ultimately to sink.

"There was too much water on the boat, basically,"[Petty Officer Shawn] Eggert said. "That caused the boat to capsize, sending the whole crew overboard."
One man managed to cling to the vessel and get the skiff off, and he rescued two of his fellow crew members. But they were unable to reach [David] Starbuck or [Ethel] Zelaya in time.
The survivors saw Zelaya apparently making a valiant but futile attempt to rescue a dog from the ship's cabin.
"She was seen and then she went into the water," said Fischer, with the Coast Guard Air Station Astoria.

Several fellow fishermen viewed this accident as yet another reminder of the grave dangers or working at sea. Barry McKee, skipper of the Zenith and owner of two other vessels said, ""Every year it seems like you lose four or five people."

Originally posted at InjuryBoard by Chelsea Gilbert

Four Killed in "Flightseeing" Plane Crash Near Ketchikan

Mark McLean — Fri, 24 Aug 2007 12:55:52 GMT

A plane crash north of Ketchikan, Alaska killed four Holland America Line patrons on a "flightseeing" tour. Five other Holland America patrons were seriously injured. Three of the five survivors were airlifted to Harborview Medical Center in Seattle and are in critical condition. The plane was operated by SeaWind Aviation.

Victims of the crash include Eric, Christine and (three year old) Trevor Smith of Tualitin, Oregon; David Mayer from Oregon City, Oregon; and Daniel Herron from Irvine, California.

Officials are still investigating the cause of the accident.

There are a number of different reasons this accident could have happened. It could have occurred because of the negligence of the pilot(s). It could have occurred due to a failure to adequately maintain or repair the plane. It could have occurred as a result of a defective product used in the plane's operation.

Because a number of different causes are possible, it is important in these types of situations to speak with an attorney soon after an accident. Attorneys often hire "accident reconstructionists" to help determine the cause of an accident. Once the information is gathered, attorneys can evaluate and explain the different possible avenues for legal redress. This process is far more effective the sooner an accident victim (or his or her family) contacts an attorney. As time goes on, evidence fades, proving what exactly happened becomes more difficult and mandatory time periods for bringing claims elapse.

Another important note is the role of Holland America Line in this case. Allegedly, the passengers booked the tour independently. However, if evidence surfaces that Holland America Line recommends SeaWind Aviation to its passengers for excursions, or is in some other way connected to it, Holland America also can be liable. Holland America's potential involvement presents another important reason to contact an attorney as soon as possible--there are strict limitations on claims brought as a result of accidents occurring on Holland America cruises.

For more information on this subject matter, please refer tpo our section on Airline, Cruise, Bus and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Mark McLean

Cruise Ship Passengers Injured From Glacial Ice

Mark McLean — Thu, 16 Aug 2007 15:18:28 GMT

18 passengers were injured when a cruise ship in the Arctic Ocean was hit with ice falling from a nearby glacier.

Three passengers and a Russian crewman were flown to hospital in Tromso after the incident, which happened off the Svalbard Islands 300 miles north of Norway on Wednesday.
Two of the passengers have serious but non-life-threatening injuries after being thrown around on the ship when large chunks of the ice shelf broke off and collapsed into the sea.

Similarly, American cruise lines such as Holland America Line also provide cruise vacations to far northerly destinations and come quite close to glaciers. If this accident had occurred aboard a Holland America ship, all injured passengers would be forced to comply with its claims limitations appearing in small print on its tickets in order to pursue their claims.

For more information please review our section on Airline, Cruise, Bus, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Mark McLean

Holland America's New Blog Fails to Outline Claims Limitations

Mark McLean — Thu, 09 Aug 2007 15:49:37 GMT

A surprising number of cruise ship patrons are injured aboard ships every year. Holland America Line is a giant of the cruise line industry. Holland America's cruise tickets contain small print forcing requirements on its patrons including a one-year limitation on claims and that all lawsuits must be filed in Seattle courts, among others.

Holland America also recognizes the power of a blogging platform. Yet, despite this power, this ability to reach potential guests, it only mentions the claim limitation terms it imposes upon those guests in small print on its ticket.

Experienced attorneys can help cruise-goers injured aboard Holland America ships maneuver these procedural requirements.

For more information on this subject matter, please refer to the section on Airline, Cruise, Bus, and Other Mass Transit.

Originally posted at InjuryBoard by Mark McLean

7 Year Old Boy Dies Off Cruise Ship

Mark McLean — Wed, 18 Jul 2007 12:28:23 GMT

A seven year old boy was killed in a jet ski accident during a cruise vacation in the Bahamas recently. Interestingly, Royal Caribbean claims that it holds no responsibility since the accident occurred while the boy was on an excursion from the ship.

Most excursion tickets from cruise lines contain disclaimers that the cruise line is not liable for injuries that happen ashore. However, in most instances, the cruise lines are working hand-in-hand with the vendors (like the company that rented the boy the jet ski in this case). However, experienced attorneys can challenge (and overcome) these disclaimers in most situations.

For more information on this subject matter, please refer to the section under Airline, Cruise, Bus and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Mark McLean